|Year of Conviction||1981|
|Year of Exoneration||2007|
|State of Conviction||Texas|
|Type of Crime||Rape|
|Gender of Exoneree||Male|
|Race of exoneree||Black|
|Type of Innocence Defense|
|Description / Quotes from Testimony Concerning Defense|
● Defendant’s live-in girlfriend testified that she did not hear him leave their water-bed at any time between one-thirty and seven o’clock when the crime occurred. ● Victim could not describe defendant’s facial hair.
|Did the defendant testify at trial?||No|
|Types of evidence at trial|
|Type of Forensic Evidence|
|Types of Flawed Forensics|
|Reason why invalid||(1), (2) Masking, failure to exclude|
|Brief Quote / Description of Testimony|
The victim was an O nonsecretor and Fuller an AB nonsecretor. The rape kit sample exhibited substances consistent with a Type O. “A. The individual who left the seminal fluid could have been a nonsecretor, which is consistent with Mr. Fuller, yes.Q. And that’s twenty percent of the population? A. That’s correct.” The analyst never explained that Fuller was excluded, as was the victim, since neither secretes any blood group substances in their body fluids.
|Identity of eyewitness|
Yes ● Suggestive Remarks ● Defendant’s photo only one repeated in two arrays ● Victim not told attacker might not be in line-up
|Quotes from testimony #1|
Officer told victim that second photo had been taken the morning of the identification, that it was taken at Fuller’s house, and that he had previously been imprisoned for armed robbery. The victim described that the officer “just asked me to look at the pictures.”
Yes ● Initially uncertain ● Discrepancies in description – facial hair, age
|Quotes from testimony #2|
Initially told officer that the photo looked a lot like the attacker, but “I said that I felt funny identifying somebody from an old picture, and I would like to see a more current picture.” Victim testified “I had told the police that I didn’t remember any facial hair.” She blocked out the goatee in the photo with her finger and then identified him. Described attacker as “somewhere in his 20’s,” while Fuller was 32.
|Highest level reached||NR|